A/HRC/2/7
page 22
99.
The mission concludes that serious violations of both human rights and
humanitarian law have been committed by Israel. Available information strongly indicates
that, in many instances, Israel violated its legal obligations to distinguish between military
and civilian objectives; to fully apply the principle of proportionality; and to take all
feasible precautions to minimize injury to civilians and damage to civilian objects.
100. In many instances, Hezbollah violated the applicable principles of humanitarian
law, in some cases by targeting the civilian population in northern Israel and in others by
disregarding the principle of distinction.
101. Violations of international human rights and humanitarian law caused many deaths
and injuries, displaced enormous numbers of persons, resulted in the large-scale
destruction of homes and infrastructure including medical facilities, and severely
interrupted health-related services. The civilian population of southern Lebanon, both
those who have now returned and those still unable to return, continue to suffer as a result
of the large-scale destruction and the acute danger still posed by unexploded ordnance.
102. Future rehabilitation, rebuilding and reconstruction activities must pay particular
attention to the most vulnerable and marginalized groups within both countries. They
suffered disproportionately during the conflict and their needs and rights are still not
adequately reflected in post-conflict plans.
103.
The mission makes the following recommendations to the Government of Israel:
(a)
The Government should provide the full details of its use of cluster munitions
in order to facilitate the destruction of the unexploded ordnance and to minimize civilian
casualties. Despite claims that the relevant “maps” have been provided to the Lebanese
authorities, the evidence indicates that the information provided has been inadequate and
largely unhelpful. The Government should immediately provide comprehensive
information, including the grid references of the targets, and should cooperate fully in the
programme to eliminate the remaining unexploded bomblets;
(b)
The mission accepts that the Government has devoted considerable
professional resources to vetting targets for compliance with international humanitarian
law. In the absence of systematic evidence of any type, however, it is impossible to accept
the validity of the claim that every target was a legitimate military objective or that the
principle of distinction was respected. The mission calls upon the Government to provide,
in relation to all attacks on prima facie civilian targets, a statement as to the alleged nature
of the target and the anticipated collateral or incidental effects;137
(c)
The Government should take appropriate measures to investigate whether
equal treatment of Jewish and Arab citizens of Israel, in particular regarding
compensation for damaged or destroyed property, access to free medical services and the
construction of new and the upgrading of existing shelters and alarm systems, is ensured;
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